DOL investigation impact on 140 process?

T

tejas

Registered Users (C)
Hi All,

One of my friend's company is under investigation by DOL. I guess it is because of non-payment of salaries during the bench time.. We don't know the outcome of the investigation.

My friend's 140 is in process. Her's is a concurrent process. It has already been 8 months from the filing date, and she also has her EAD and AP.

Will there be any impact on the 140 process?

Please let us know your input.

Thanks
Tejas
 
Originally posted by tejas
Hi All,

One of my friend's company is under investigation by DOL. I guess it is because of non-payment of salaries during the bench time.. We don't know the outcome of the investigation.

My friend's 140 is in process. Her's is a concurrent process. It has already been 8 months from the filing date, and she also has her EAD and AP.

Will there be any impact on the 140 process?

Please let us know your input.

Thanks
Tejas
Click to expand...

You should be aware that we are speculating here.

One of the major bench marks in the whole GC process is the
sponsor's ability to pay the employee the promised salary.

With the fact that there already is an investigation, the DOL
as well as the INS will definitely take a close look at the
applications coming out of this company.

They should prepare themselves for some heavy convincing
if any questions should raise.

To give a straight answer, your friend may see some RFEs.

Thanks.
Raju
 
From my personal experience, NOTHING is going to happen to your friend, because of this investigation. Her case will be approved.

During my previous I-140 processing, INS went for domestic investigation about my employer and found out about some H1B Violations in that company. Due to that fact, my case was denied. But other people from SAME employer are still getting I-140/I-485 approvals. So When INS is not talking with itself properly, I don't think DOL and INS will talk with each other and deny your friends case.


Naanshi.
 
Thanks Guys.

Naanshi, you had mentioned "Due to that fact, my case was denied". Is there a particular reason?

I am curious like, if there was an unpaid bench time, or long vacation, etc

Tejas
 
One of my friend's company is under investigation by DOL. I guess it is because of non-payment of salaries during the bench time.. We don't know the outcome of the investigation. outcome will be that your friends employer will be debarred from any "future" labor (h1 or green card) or any non-immigrant or immigrant petitions for minimum of 1-2 year depending on the severity of their willful violations plus civil penalties

My friend's 140 is in process. Her's is a concurrent process. It has already been 8 months from the filing date, and she also has her EAD and AP.

Will there be any impact on the 140 process? NO. but your friend or any other employee in that company will not be able to file any immigrant petition (except i485 which is not employers petition) and non immigrant petition like h1 new/extension/transfer etc for the time that employer is penalized by debarring them from any future immigrantion benefits.

if your friends current h1 would expire in less than a year then she may not be able to file h1 extension thru that company if that employer is debarred
 
Nothing of that sort (I would be happy, if INS would have given any valid reasons like that to deny my case). Just INS found out that there were "H1B Violations" in the company. I still don't know, INS thinks "about H1B Violations" ONLY in my case, not for others, who filed from the same company. Other people are getting approval even today.

Naanshi.
 
It is highly speculative at this moment to comment about this. An investigation alone will not result in a RFE being generated or disapproval of 140. If the company comes clean out of the investigation there will not be an issue. Since payment of salary during bench is purely a H1B issue, I don't think that would affect the 140 process.

Also if the company has good financial background and if they can prove that they can pay your friend the salary described in the Labor certificate, then your friend need not worry.

HTH
dyno


Originally posted by tejas
Hi All,

One of my friend's company is under investigation by DOL. I guess it is because of non-payment of salaries during the bench time.. We don't know the outcome of the investigation.

My friend's 140 is in process. Her's is a concurrent process. It has already been 8 months from the filing date, and she also has her EAD and AP.

Will there be any impact on the 140 process?

Please let us know your input.

Thanks
Tejas
Click to expand...
 
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